Protection Of Victims

Malaysia

Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007

UNTOC Articles

Organized Crime Convention

Trafficking in Persons Protocol

Any Article

Smuggling of Migrants Protocol

Firearms Protocol

Original Text

PART III

TRAFFICKING IN PERSONS OFFENCES, IMMUNITY, ETC.

Offence of trafficking in persons

12. Any person, who traffics in persons not being a child, for the purpose of exploitation, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to fine.

Offence of trafficking in persons by means of threat, force, etc.

13. Any person, who traffics in persons not being a child, for the purpose of exploitation, by one or more of the following means:

(a) threat;

(b) use of force or other forms of coercion;

(c) abduction;

(d) fraud;

(e) deception;

(f) abuse of power;

(g) abuse of the position of vulnerability of a person to an act of trafficking in persons; or

(h) the giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person,

commits an offence and shall, on conviction, be punished with imprisonment for a term not less than three years but not exceeding twenty years, and shall also be liable to fine.

Offence of trafficking in children

14. Any person, who traffics in persons being a child, for the purpose of exploitation, commits an offence and shall, on conviction, be punished with imprisonment for a term not less than three years but not exceeding twenty years, and shall also be liable to fine.

Offence of profiting from exploitation of a trafficked person

15. Any person who profits from the exploitation of a trafficked person commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to a fine of not less than five hundred thousand ringgit but not exceeding one million ringgit and shall also be liable to forfeiture of the profits from the offence.

Offence in relation to trafficked person in transit

15a. Any person who brings in transit a trafficked person through Malaysia by land, sea or air, or otherwise arranges or facilitates such act commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding seven years, and shall also be liable to fine.

Consent of trafficked person irrelevant

16. In a prosecution for an offence under section 12, 13 or 14, it shall not be a defence that the trafficked person consented to the act of trafficking in persons.

Past sexual behaviour irrelevant

17. A trafficked person’s past sexual behaviour is irrelevant and inadmissible for the purpose of proving that the trafficked person was engaged in other sexual behaviour or to prove the trafficked person’s sexual predisposition.

Movement or conveyance of trafficked person irrelevant

17a. In a prosecution for any offence under this Part, the prosecution need not prove the movement or conveyance of the trafficked person but that the trafficked person was subject to exploitation.

Fraudulent travel or identity documents

18. Any person who makes, obtains, gives, sells or possesses a fraudulent travel or identity document for the purpose of facilitating an act of trafficking in persons commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to a fine of not less than fifty thousand ringgit but not exceeding five hundred thousand ringgit.

Recruiting persons

19. Any person who knowingly recruits, or agrees to recruit, another person to participate in the commission of an act of trafficking in persons, commits an offence and shall, on conviction be punished, with imprisonment for a term not exceeding ten years, and shall also be liable to fine.

Providing facilities in support of trafficking in persons

20. Any person being—

(a) the owner, occupier, lessee or person in charge of any premises, room or place, knowingly permits a meeting to be held in that premises, room or place; or

(b) the owner, lessee or person in charge of any equipment or facility that allows for recording, conferencing or meetings via technology, knowingly permits that equipment or facility to be used,

for the purpose of committing an offence under this Act, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine.

Providing services for purposes of trafficking in persons

21. (1) Any person who, directly or indirectly, provides or makes available financial services or facilities—

(a) intending that the services or facilities will be used, or knowing or having reasonable grounds to believe that the services or facilities will be used, in whole or in part, for the purpose of committing or facilitating the commission of an act of trafficking in persons, or for the purpose of benefiting any person who is committing or facilitating the commission of an act of trafficking in persons; or

(b) knowing or having reasonable grounds to believe that, in whole or in any part, the services or facilities will be used by or will benefit any person involved in an act of trafficking in persons,

commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine.

(2) For the purpose of subsection (1), “financial services or facilities” include the services or facilities offered by lawyers or accountants acting as nominees or agents for their clients.

Harbouring persons

22. (1) Any person who—

(a) harbours a person; or

(b) prevents, hinders or interferes with the arrest of a person,

knowing or having reason to believe that such person has committed or is planning or is likely to commit an act of trafficking in persons, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine.

(2) In this section, “harbour” means supplying a person with shelter, food, drink, money or clothes, arms, ammunition or means of conveyance, or assisting a person in any way to evade apprehension.

Obligation of owner, operator or master of conveyance

23. (1) Any person being the owner, operator or master of any conveyance, that engages in the transportation of goods or people for commercial gain shall ensure that every person travelling on board is in possession of travel documents for lawful entry of that person into the receiving country or transit country.

(2) Any owner, operator or master of any conveyance mentioned in subsection (1) who—

(a) knowingly permits or has reasonable grounds to believe that such conveyance is used for purposes of bringing a person into a receiving country or transit country without travel documents required for the lawful entry of that person into the receiving country or transit country; or

(b) knowingly permits or has reasonable grounds to believe that such conveyance is being used for purposes of committing any offence of trafficking in persons,

commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(3) In any proceedings for an offence under this section, it shall be a defence for such owner, operator or master to prove that—

(a) he has reasonable grounds to believe that the travel documents of the person travelling on board are travel documents required for lawful entry of that person into the receiving country;

(b) the person travelling on board possessed travel documents required for lawful entry into the receiving country when that person boarded, or last boarded, the conveyance to travel to the receiving country; or

(c) the entry of the person into the receiving country or transit country occurred only because of illness or injury to that person, stress of weather or any other circumstances beyond the control of such owner, operator or master.

(4) Any person convicted of an offence under this section shall be liable to pay the costs of the trafficked person’s detention in, and removal from, the receiving country or transitcountry.(5) Where there is no prosecution or conviction under this section, the owner, operator or master of the conveyance used shall be jointly and severally liable for all expenses incurred by the Government in respect of the detention and maintenance of the trafficked person and his removal from Malaysia and such expenses shall be recoverable as a debt due to the Government.

Intentional omission to give information

24. Any person who knowing or having reason to believe, that any offence under this Act has been or will be committed, intentionally omits to give any information respecting that offence, commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years, or to both.

Immunity from criminal prosecution

25. A trafficked person shall not be liable to criminal prosecution in respect of—

(a) his illegal entry into the receiving country or transit country;

(b) his period of unlawful residence in the receiving country or transit country;

or

(c) his procurement or possession of any fraudulent travel or identity document which he obtained, or with which he was supplied, for the purpose of entering the receiving country or transit country,

where such acts are the direct consequence of an act of trafficking in persons that is alleged to have been committed or was committed.

Protection of informers

26. (1) Except as provided in this section, no complaint as to an offence under this Act shall be admitted in evidence in any civil or criminal proceedings whatsoever, and no witness shall be obliged or permitted to disclose the name or address of any informer, or state any matter which might lead to his discovery.

(2) If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings whatsoever contains any entry in which any informer is named or described or which might lead to his discovery, the court before which the proceedings is had shall cause all such entries to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery.

(3) If in a trial for any offence under this Act, the Court, after full enquiry into the case, is of the opinion that the informer willfully made in his complaint a material statement which he knew or believe to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties without the discovery of the informer, the Court may require the production of the original complaint, if in writing, and permit enquiry and require full disclosure concerning the informer.

(4) Any person who gives the information referred to in this section, knowing that the information is false, commits an offence.